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DESCRIPTION: 'Title:\n Hamilton's Private Key: American Exceptionalism
and the Right to\n Anonymity\n\n 11:00am\n\n Hamilton's Private Key:
American Exceptionalism and the Right to\n Anonymity\n When\n Fri\,
August 10\, 11am – 12pm\n Description\n Speaker\n ------\n Jeff K
osseff\n\n Abstract\n --------\n In the Sixteenth Century\, English
Puritan preacher John Udal published\n a series of pamphlets criticizing
the Anglican Church. He signed the\n pamphlets under a pseudonym\, Mart
in Marprelate. The Bishops soon\n determined his identity\, and Udal was
sent to prison\, where he died.\n Such prosecutions for political views
were common throughout in\n England throughout the Sixteenth\, Seventee
nth\, and Eighteenth\n centuries.\n\n So it was not surprising that on
ce the British colonies in America had\n achieved independence and were
determining the future of their\n government\, much of the debate occurr
ed without real names. When\n Alexander Hamilton\, James Madison\, and J
ohn Jay published the\n Federalist Papers\, they did so under a single p
seudonym\, Publius.\n\n Although the First Amendment does not explicitly
require anonymity\,\n U.S. courts repeatedly have held that that its fr
ee speech protections\n guarantee a strong (but not absolute) right to s
peak anonymously. In\n 1960\, the Supreme Court struck down a Los Angele
s ordinance that\n prohibited the distribution of anonymous handbills\,
and it invalidated\n a similar Ohio law in 1995. Since the mid ’90s\, st
ate and federal\n courts have relied on this right to anonymity in rejec
ting defamation\n plaintiffs’ attempts to use the court discovery proces
s to unmask the\n identities of anonymous Internet posters. Although the
United States\n is not the only nation to protect anonymity\, its anony
mity protections\n are among the strongest in the world\, and have helpe
d establish the\n robust online debate that we know today.\n\n Legal a
nd policy debates surrounding encryption often focus on privacy\n rights
and the Fourth Amendment. While these discussions are vital\,\n that th
ey too often overlook the free speech-based anonymity rights\n that have
been fundamental to the United States since its founding. In\n this pre
sentation\, I present the research conducted to date for my\n book-in-pr
ogress\, United States of Anonymity\, tracing the history of\n this Firs
t Amendment-based right to speak anonymously. I explain how\n this stron
g history of ensuring the right to speak anonymously applies\n to the cu
rrent encryption debates\, as well as the distinct but related\n issue o
f anonymity tools such as Tor. I argue that encryption and\n anonymity a
re essential for Twenty-First Century free speech\, and\n explain how th
e legal protection of pamphleteers extends to encryption\n and anonymity
.\n\n To be sure\, some efforts to weaken encryption may not necessarily
\n threaten an individual’s anonymity. And encryption is not the only\n
protection for anonymity. However\, there is significant overlap\n bet
ween the values underlying the First Amendment anonymity opinions\n and
some justifications for encryption. Moreover\, encryption has been\n an
essential component of many of the most innovative anonymity tools\n (su
ch as the techniques that newsrooms have adopted to receive\n anonymous
tips).\n\n\n Bio\n -----------------\n Jeff Kosseff is an assistant
professor of cybersecurity law at the\n U.S. Naval Academy. He is the au
thor of Cybersecurity Law\, a textbook\,\n and his latest book\, The Twe
nty-Six Words That Created the Internet\, a\n history of Section 230 of
the Communications Decency Act\, will be\n published early next year by
Cornell University Press. He previously\n practiced cybersecurity law at
Covington & Burling\, and clerked for\n Judges Milan Smith on the Ninth
Circuit and Leonie Brinkema in the\n Eastern District of Virginia. Befo
re becoming a lawyer\, he was a\n technology journalist for The Oregonia
n and finalist for the Pulitzer\n Prize.\n\n Twitter handle of present
er(s)\n ------------------------------\n @jkosseff\n\n Website of pr
esenter(s) or content\n ----------------------------------\n www.jeffk
osseff.com\n '\n\n
DTEND:20180810T190000Z
DTSTART:20180810T180000Z
LOCATION:CPV - Caesars Promenade Level - Milano BR 1\,2
SUMMARY:Hamilton's Private Key: American Exceptionalism and the Right to An
onymity
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